Home The Constitution Part V Article 124A

Art. 124A Part V: The Union

National Judicial Appointments Commission

Exact text — Constitution of India

(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:—(a) the Chief Justice of India, Chairperson, ex officio; (b) two other senior Judges of the Supreme Court next to the Chief Justice of India—Members, ex officio; (c) the Union Minister in charge of Law and Justice—Member, ex officio; (d) two eminent persons... [Added by the 99th Amendment, 2014; struck down as unconstitutional by the Supreme Court in 2015]

In Plain English

What this Article actually means

Added in 2014, this Article would have replaced the judiciary-dominated collegium system with a mixed body including the Law Minister and two 'eminent persons' selected by a panel including the Prime Minister and Leader of the Opposition — but the Supreme Court struck it down within a year as unconstitutional, holding it compromised judicial independence, which is part of the Constitution's basic structure.

Why This Matters To You

How it shows up in everyday life

This Article remains in the Constitution's printed text but has NO legal effect — a rare, genuinely instructive example of a constitutional amendment being formally enacted (with the required special majority and state ratification) yet still being struck down by the Supreme Court for violating the basic structure doctrine, restoring the collegium system in its place.

Landmark Cases

How courts have interpreted this Article

Supreme Court Advocates-on-Record Assn. v. Union of India (NJAC Case)(2016) 5 SCC 1 — Struck down this Article (and its companion Articles 124B and 124C) as unconstitutional, holding that meaningful judicial primacy in appointments is essential to judicial independence, which is part of the basic structure Parliament cannot amend away. Verify this case

Read alongside this one

Art. 124 — Establishment and Constitution of Supreme Court

Frequently Asked

Quick answers about Article 124A

Is this Article still legally operative?

No — despite technically remaining in the Constitution's printed text (since Parliament hasn't formally repealed it), the Supreme Court's 2015 ruling rendered it void and inoperative; judicial appointments continue under the pre-existing collegium system.

← PreviousArticle 124: Establishment and Constitution of Supreme Court Next →Article 124B: Functions of the National Judicial Appointments Commission

The text above reproduces Article 124A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.